Landlord problems - will we get our deposit back?

lowely

Hi All,

I was hoping somebody may be able to help and give a little bit of clarity on where we stand.

We are due to move out of a property that we have been renting for 2 years. Having not heard anything from the landlady in this time, she is now showing people round and our neighbour has overheard her telling several people that there is no way we are getting are deposit back.

We are renting through Foxtons so the deposit held independently. However, the Landlady didn't provide a check in, she did not do an inventory and when we moved in, the house was so dirty that we had to have it professionally cleaned. I emailed this at the time (and have kept the correspondence) to both Foxtons and the landlady saying that we would leave the property in the condition that we found it with 2 years additional wear and tear when we move out. However, I am now really concerned that she is going to try and take our deposit. Any help or advice would really be appreciated!

Cheers,

L.

pmlindyloo

Couple of questions first (presuming you are in England).

In which scheme is your deposit protected and have you been sent the prescribed information about it? And.............

Have you given permission for your landlady to show people around?

Guest101

First of all, the key question is the deposit in a deposit protection scheme? Were you provided the details within 30 days?

If there is no inventory, dont worry, it works in your favour. The LL needs to prove that the state of the property was 'good' and that you agreed it was 'good'

Did you give permission for her to show new tenants. I'd withdraw this at any rate.

lowely

Thanks for the quick replies.....details are:

1. We are in England.

2. The deposit scheme is through Foxtons and they use mydeposits.co.uk which is jointly owned by the National Landlords Association and Hamilton Fraser Insurance.

3. We have said it is fine for the landlady to allow people round.

On top of this, she apprently also asked our neighbour (who used to live there) if she wanted to have a look around after a viewing when we weren't there!

Cheers,

L

G_M

* And did you receive the 'Prescribed Information' within 30 days?

* If not, or you've forgotten, how can you be sure it is registered? have you checked with mydeposits?

*having given permission for her to do viewings, are you happy with this? You do realise you can change your mind? Did you give open-ended permission? ie any time she wants? without warning? You can attach any conditions/limits you want.

* whenyou had theprofessional cleaners in at the start, have you kept their receipt? If not, could you go back tothem and ask for one now?

moreofthegoodstuff

Is the house actually in a good condition and clean? We got our deposit back because we left it very very clean, so clean they failed to notice the iron burn on the carpet. Wouldn't have minded telling them about it but they were so bad as landlords I didn't want to be ripped off for their already lousy carpet, if I can get my deposit back after doing damage (not intentionally!!) you surely can by making the house as clean as possible.

If they haven't done an inventory they are going to struggle to prove the condition of the property when the tenancy began.

lowely

Thanks again!

To be honest, I have received no information from Foxtons......however, the contract that we signed says that the deposit is held by Foxtons as a stakeholder.

I'm now beginning to worry that they haven't registered it with a scheme and that maybe the Landlady has it......I'll phone Foxtons tomorrow to find out what is going on.

I have kept the invoice from the cleaners (thankfully!) and we don't mind the landlady showing people round as she does give us 24 hours notice.

The contract from Foxtons says that both the landlady and the tenant need to agree in writing about deductions before the deposit is released.....

Cheers,

L

Werdnal

Check the deposit scheme website and you should be able to find your deposit if it is there. Also check the other schemes - Deposit Protection Service and TDS.

If the full prescribed information has not been supplied within 30 days of your deposit payment, LL is in breach of protection regs (ignore the agent's involvement for the time being as LL is always responsible for ensuring protection is complied with, regardless of who they use to run the tenancy).

If this is the case, write to the LL, calm polite letter, advising that as they have failed to fully comply with deposit protection laws, you are requesting full return of the whole deposit amount and taking further advice on a possible claim of 1-3x the deposit amount as penalty for the breach in protection regs. In reality, the penalty process this a long-winded and costly claim process, but suggestion of it should prompt LL to cough up your deposit amount in full!

G_M

lowely wrote: »

Thanks again!

To be honest, I have received no information from Foxtons......however, the contract that we signed says that the deposit is held by Foxtons as a stakeholder.
This proves nothing

I'm now beginning to worry that they haven't registered it with a scheme and that maybe the Landlady has it......
this gives her a big problem!
I'll phone Foxtons tomorrow to find out what is going on.
NNOOOooo!
Check yourself direct with mydeposits.
If mydeposits say it is not registered, then check the other 4 schemes yourself
Scheme details here (Deposits).

I have kept the invoice from the cleaners (thankfully!)
Good
and we don't mind the landlady showing people round as she does give us 24 hours notice.
Given you concerns, you are being very reasonable!

The contract from Foxtons says that both the landlady and the tenant need to agree in writing about deductions before the deposit is released.....
Makes no difference. What matters is whether YOU agree to deductions, and if you don't, then what the scheme arbitrators think

Cheers,

L

If the deposit is NOT registered, you can claim 3 times the deposit as a penalty...

As well as registering, you should be given the Prescribed Information - again, if you were not you can claim 3 times the deposit as a penalty...

edit: as you've been there 2 years, you only need check mydeposits, Deposit Protection Service and TDS.
The other schemes are newer.

Naf

G_M wrote: »

If the deposit is NOT registered, you can claim 3 times the deposit as a penalty...

As well as registering, you should be given the Prescribed Information - again, if you were not you can claim 3 times the deposit as a penalty...

edit: as you've been there 2 years, you only need check mydeposits, Deposit Protection Service and TDS.
The other schemes are newer.

Do what the man says first thing tomorrow morning!!!

Naf

lowely wrote: »

I'm now beginning to worry that they haven't registered it with a scheme and that maybe the Landlady has it......

If that is the case then the position is BETTER for you, not worse.

Don't call them, ask the deposit schemes directly ASAP!